Crypto

Here’s What Will Happen in Crypto If The Clarity Act Passes


For years, crypto investors and financial institutions in the U.S. have had to work with an incomplete set of regulations. That’s kept a lot of institutional capital sidelined, and, at least if you believe some crypto investors, it has also given the Securities and Exchange Commission (SEC) leeway to pursue piecemeal enforcement actions as a substitute for actual policy.

The Digital Asset Market Clarity Act, commonly known as the Clarity Act, which cleared the Senate Banking Committee on May 14, is Congress’s most serious attempt thus far to end that ambiguity. If it becomes law, Ethereum (CRYPTO: ETH), Solana (CRYPTO: SOL), and XRP (CRYPTO: XRP) would operate under a new statutory framework rather than a patchwork of enforcement memos.

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Here’s what you need to know about what would likely happen.

Image source: Getty Images.

This could unlock the floodgates for institutional capital

Under the Clarity Act, every digital asset will fall into one of three categories:

  • Digital commodities, which are to be overseen by the Commodity Futures Trading Commission (CFTC)

  • Investment contract assets, which stay with the SEC

  • Permitted payment stablecoins, which fall under banking regulators per last year’s Genius Act, with the SEC and CFTC retaining anti-fraud authority over stablecoin trades on their registered venues

In that framework, tokens whose value derives from a sufficiently decentralized blockchain qualify as commodities, while tokens sold through investment contracts to fund development qualify as securities.

The SEC and CFTC issued joint interpretive guidance on March 17, classifying Bitcoin (CRYPTO: BTC), Ethereum, Solana, XRP, and 12 other crypto assets as digital commodities. But that was administrative guidance, not law, so a future SEC chair could reverse it with a memo, which might cause some disruption if it happened.

Thus, the Clarity Act writes the classification framework into federal statute, with major tokens qualifying based on their decentralized characteristics. That structure would only be reversible by Congress.

But why does the CFTC matter? Under the bill, exchanges and brokers that handle digital commodities must register with the CFTC. The longer answer is that, because the CFTC is a smaller regulatory agency that has historically focused on financial derivatives, some industry experts assume its posture will be less adversarial toward crypto businesses and investors.



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